International Journal For Multidisciplinary Research
E-ISSN: 2582-2160
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Volume 6 Issue 6
November-December 2024
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Erasing The Past: The 'Right To Be Forgotten' In India - Progess, Pitfalls And Prospects
Author(s) | POORVAJA SUBRAMANIAN, ANJALI VISWANAATHAN |
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Country | India |
Abstract | In the digital age, particularly with respect to the developing legal regime in India, the "Right to be Forgotten" has been fast emerging as an important concept in the broad related discourse on privacy. The paper explains how RTBF intersects with the principles of privacy and public interest in India. Founded in the GDPR , this concept has generated considerable debate in India, with privacy now being considered a fundamental right under the Constitution following Justice K.S. Puttaswamy vs. Union of India . Thus, the fine line that this paper throngs is between the right of erasure of one's digital footprint and societal needs of transparency, freedom of expression, and access to information by the public. Critical analysis with respect to the Indian Data Protection Bill, now the Data Protection Act , attempting to incorporate provisions of the RTBF, and juxtaposing the same with judicial pronouncements as well as comparative legal perspectives available in other jurisdictions is what this paper is about. From case law and statutory provisions to academic discourse, this paper tries to unpack the challenges and opportunities that the RTBF poses in the Indian legal system. More than anything else, it calls for a nuanced approach, aware of individual privacy but equally sensitive to public interest, to finally leave its imprint on the lingering debate about data protection in India. |
Keywords | Right to be Forgotten, Privacy, Public Interest, Indian Legal Framework, Data Protection Act, Freedom of Expression, Digital Footprint, Indian Constitution, Data Privacy. |
Published In | Volume 6, Issue 6, November-December 2024 |
Published On | 2024-11-27 |
Cite This | Erasing The Past: The 'Right To Be Forgotten' In India - Progess, Pitfalls And Prospects - POORVAJA SUBRAMANIAN, ANJALI VISWANAATHAN - IJFMR Volume 6, Issue 6, November-December 2024. DOI 10.36948/ijfmr.2024.v06i06.31771 |
DOI | https://doi.org/10.36948/ijfmr.2024.v06i06.31771 |
Short DOI | https://doi.org/g8r8ff |
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E-ISSN 2582-2160
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